AKS (s) 11 October 2009

Can wife force to stay with parents with malafide intentions

Hi All,

Recently my wife has gone back to Rajasthan and threatened me to file a false 498a case . I am having a police complaint against her in abroad of verbal abuse and throwing me out from the house . I have few questions:

1) Can I apply for anticipatory bail for my parents on the basis of the foreign complaint and her threatening. If yes then what is the procedure.

2) If she forecefully wants to stay with my parents then can they do something to avoid that.

3) She has taken all my clothes and important things with her. Can I file some complaint against her.

4) Somebody suggested me to write letters to higher police officials about apprehension of false 498a. Will it help me.

5) His brother is staying in my house without paying rent. The house is on both my and my wifes name and I have paid all the money. How can I ask his brother to move out.

Best Regards,

AKS

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 12 October 2009

Issue notice to your wife to come and join to lead married life. U can apply for the anticipatory bail on the basis of the complaint. Writing letter to higher police officer does not work. They are police.

Just kick him out.

AKS (s) 13 October 2009

One more development. As you know that my parents are not at home. Today police came to my home and asked neighours about their whereabouts. They closely looked at the things and went back. In evening two constables came on bike to have a look. It seems that somehow police is involved. I don't know if FIR has been filed or not.

Best Regards,
AKS

K. Rajendra Prakash (Advocate) 11 November 2009

File petition for anticipatory bail. Send a legal notice to your wife asking her to come back and join to lead a happy married life. Once the crime is booked there would not be any use of writing to superior police officer. Theory is something and what is happening practically is different.